Managing Attendance Guidance Pack. Managing Attendance Managers Guidance Pack

Transcription

1 Managing Attendance Guidance Pack Managing Attendance Managers Guidance Pack

2 Contents notes Introduction and background What is managing attendance? Why are some people off sick? Sick pay The process The process flowchart Support mechanisms Confidentiality Disciplinary policy Poor performance Harassment and bullying Return to work discussion Presenteeism Sickness and annual leave Staff awaiting and recovering from surgery and other treatments Time off for treatment Medical suspension NHS injury benefits Roles and responsibilities What is a disability Team Prevent & portal information Team Prevent Flow Chart Equality Act 2010 Disability Employment Officers Access to work Reasonable adjustments Self-certification form Health and wellbeing contact log Return to work discussion Work related stress Work related stress risk assessment (team) Work related stress risk assessment (individual) Useful contacts / websites Further websites Notes for you to make Managing Attendance Guidance Pack 2

3 Introduction and Background The 2009 Boorman Review of the health and well-being of the NHS workforce highlighted the fact that the NHS loses 10 million working days each year to sickness absence. It also, whilst recognising sickness absence is higher in the NHS compared to other sectors, recognised high levels of presenteeism, with many staff reporting that they come to work when they feel sufficiently unwell to justify staying at home. Stress and musculoskeletal disorders were found to be the main causes of absence and ill health. In addition, the average age of the NHS workforce is increasing and this is going to impact on both the physical and mental well-being of the workforce. The NHS Constitution (pdf) commits NHS employers to go beyond the legal minimums in managing the health, safety and well-being of its workforce, by providing opportunities for staff to improve their health and well-being. It also commits the NHS to engage staff in decisions that affect them and the services they provide, individually, through representative organisations and through local partnership working arrangements. The majority of absence was owing to musculoskeletal and mental health issues, yet the Boorman review could not find evidence of clear treatment pathways to quickly support staff with these problems back to work. Studies show that work is good for your health. As well as a financial reward it gives many of us selfesteem, companionship and status. The McLeod Report on employee engagement, published in July 2009, has revealed how this feel good factor is strongly influenced by: Leaders who help employees see where they fit into the bigger organisational picture Effective line managers who respect, develop and reward their staff Consultation that values the voice of employees and listens to their views and concerns Relationships based on trust and shared values. What is managing attendance? For many work means not just earning a wage, work is generally good for one s health and prolonged sickness absence can produce its own set of problems and difficulties for example prolonged illness can leave staff feeling Isolated De-skilled Lacking in confidence Excluded In some cases mental health can be affected. Managing sickness absence can be a challenge and there are many factors to take into consideration Why is someone off sick? When will they be back? What if anything can I do to help? Keeping people at work and helping them get back to work as soon as possible can maintain an employee s health and well-being and improve the organisations effectiveness. Managing Attendance Guidance Pack 3

4 Why are some people off sick? ACAS suggests that there are 3 main reasons for absence from work They are sick They might have a common cold or a more significant condition that needs medication, other medical interventions or recuperation. In these instances employees should supply a self-certificate, from the first day of absence, explaining their short-term sickness or they should get a Statement of Fitness for Work (fit note) if the illness lasts for more than 7 consecutive days. Domestic issues They feel unable to come to work because of family or carer commitments Authorised leave They are on authorised leave such as holiday, training, or maternity/paternity leave, trade union duties or public service such as jury service. Another reason may be that employees don t want to come to work; they may lack motivation, be unhappy or feel they can t ask at short notice for leave and in some cases unauthorised absence may lead to disciplinary action. Sick Pay Pay during sickness absence will be paid at basic salary level, (that is the appropriate pay point in the relevant pay circular) inclusive of any high cost area supplement but it will not include any allowance or payments linked to working patterns or additional work commitments of unsocial hours. This does not apply to staff that are paid on spine points 1-8 of Agenda for Change, this includes staff in bands 1 and 2 and up to pay point 3 on Band 3' The Process The Managing Attendance Policy sets out a process for supporting and managing staff who fail to meet the expected level of attendance. All Managing Attendance issues will be dealt with in a thorough, fair and consistent manner. The process reproduced below can be found in the Managing Attendance Policy on page 17 however there are things as managers you can do prior to and conjunctively to the formalised process. Early intervention in many cases when an employee doesn t call in to work to report sick or attend for work, attempts will be made to contact them. These initial contacts should be clear and unambiguous, but take into consideration that the call is a support measure. Good communication the way you conduct the initial and follow up phone calls around return to work is vital. Flexibility if someone has taken sick leave to support a family member offer them advice around special or carers leave, and support their need to be with their family member. If the situation often arises look at other solutions that may be considered e.g. offer to adjust shift patterns or days off. Managing Attendance Guidance Pack 4

5 Support and guidance from Team Prevent The Process flowchart Individual hits the Trigger Manager writes to individual inviting them to the 1 st stage meeting. (Give a minimum of 4 days notice and the right to representation) Outcomes agreed in writing and sent to the individual (and their union rep if involved) Improvement Plan and or issue a warning Improvement Plan achieved and sustained Manager continues to monitor Further or continued absence Consider ability to remain in post, and options for re-deployment, training, ill health retirement and phased return to work Manager writes to individual inviting them to 2 nd stage meeting (Give a minimum of 4 days notice and the right to representation) Improvement Plan and or further warning issued Outcomes agreed in writing and send to the individual (and their union rep if involved) Improvement Plan achieved and sustained Manager continues to monitor Further or continued absence Consider ability to remain in post, and options for redeployment, training, ill health retirement and phased return to work Manager writes to individual inviting them to 3 rd stage meeting (Give a minimum of 4 days notice and the right to representation) Right to appeal where the individual has been dismissed Managing Attendance Guidance Pack 5

6 Support Mechanisms Support mechanisms are available to support staff during this process. Support mechanisms include Trade Union Representatives and Occupational Health and Well Being Service. All employees may access the Occupational Health and Well Being Service at any stage of this process; this may either be through a management or self-referral. Confidentiality All managers and employees should treat information about health matters with the strictest confidence. It is not appropriate for the outcome of meetings to be freely discussed with work colleagues or managers. All those involved with the process should have due regard to confidentiality in the storage and retrieval of documentation. Any breach of confidentiality can be regarded as misconduct and may be subject to disciplinary action. Disciplinary Policy Issues of conduct should be dealt with under the Trust Disciplinary Policy. However, as with Harassment and Bullying, a decision may be made that implements the support mechanisms available contained within the Managing Attendance Policy. Poor Performance The Managing Attendance process does not apply to issues of poor performance which should be dealt with in accordance with the Trust Performance Management Policy. Harassment and Bullying Complaints of Harassment or Bullying should be dealt with in accordance with the Trust Harassment and Bullying Policy. However, a decision may be made that implements the support mechanisms available contained within the Managing Attendance Policy. Return to work discussion This should be used as a welcome back to work discussion and to ensure any support mechanisms required are in place for the employee. Irrespective of the length of sickness absence, when the employee returns to work, a manager should hold a return to work discussion with them. This can be a face to face discussion or a phone call. The very fact that such a procedure is carried out will tend to deter casual absences, because employees will know that monitoring of absences is taken seriously and that they will have to account to their employer for each absence. Managing Attendance Guidance Pack 6

7 The following preparation should be undertaken before the discussion: Check the employee's absence record and review whether their absences have been frequent, regular or repeated Be alert to the possibility of any pattern, for example frequent absences on Mondays, but remain openminded and do not jump to any hasty conclusions about an employee's absences. Invite the employee to attend their return to work discussion within three working days of the employee's return to work, and preferably on the first day back at work. The discussion should be private and confidential. In the discussion you should: Explain to the employee that the purpose of the discussion is to manage and monitor all employees' absence and attendance in order to identify any areas of concern, offer support where appropriate and manage performance; Inform the employee that the fact their absence will be recorded; Ask the employee about the reasons for their absence, ensuring that the question is posed in a supportive way without any suggestion that the employee is 'to blame' for the absence; Ask the employee whether or not they have consulted a doctor or attended hospital; and For periods of absence lasting less 7 calendar days or less, ask the employee to complete and sign a selfcertification form to cover the whole of their absence. For periods of absence lasting more than 7 calendar days, ask the employee to produce a certificate from their GP. After the discussion, prepare a note of the conversation and put this on the employee's personal file. Sign and date the notes. In the case of frequent, regular or repeated absences: Try to establish, through investigation and discussion with the employee, the underlying reasons for the frequent absences; Ask their observations about any apparent pattern of absence directly so they have the opportunity to provide an explanation; Check whether the absences are in part because of personal or family problems and, if so, be prepared to offer a reasonable degree of tolerance and support; Check whether the employee's absences are in any way work related, for example as a result of workplace stress, in which case you should take prompt steps to remove or reduce the factor that is causing the employee's problem and refer them to OH & WB; Seek, in conjunction with the employee, to identify ways in which the Trust could assist to improve future attendance; Set reasonable targets and time limits for improvement in attendance and ensure that the employee is committed to achieving them; and Warn the employee of the consequences of continuing unsatisfactory attendance, i.e. that they will be subject to a formal Managing Attendance meeting which could eventually lead to dismissal. Presenteeism If a manager believes the employee may be too ill or unfit to work, they should have a discussion with the employee and risk assess the situation. This assessment should consider the risks to the individual in question, their colleagues, patients and the organisation. It may be concluded that the risks can be managed by a change or an adjustment to the workers duties. If the manager concludes that the employee is too ill to attend work, they should send them home, as their continued attendance at work could put the health and welfare of the employee, their colleagues or patients at risk. Similarly, if an employee is taken ill or suffers an accident while at work which impacts on their ability to perform their duties, they should whenever possible, inform their immediate supervisor or manager without delay. If, for whatever reason, this is not possible, their colleagues must do so on their behalf. The manager must then risks assess the situation as explained above. If appropriate, the manager should inform the next of kin. If an employee attends work but then leaves due to sickness, it will be recorded as a full day s attendance Managing Attendance Guidance Pack 7

8 and will not count as a sick day, although if it were to happen frequently it would need to be managed, monitored and subjected to Managing Attendance procedures. Sickness and annual leave In the event of an employee falling sick whilst on annual leave, annual leave entitlement should be reinstated so long as the appropriate sickness reporting procedures have been followed. Should an employee wish to go on holiday during a period of long-term sickness absence, then they would need to request annual leave in line with the annual leave policy and this would normally be agreed as long as the holiday period does not have a detrimental effect on the employee s rate of recovery. This reinstatement of annual leave does not include bank holidays. Staff awaiting and recovering from surgery and other treatments Once the employee informs the manager of an impending operation or treatment, there should be a discussion as to whether the employee will be incapacitated either before or after the treatment, and where an amendment to duties, working hours, rota or days worked per week will support the employee and ensure they remain in work where possible. Managers should be sympathetic to staff who are experiencing attendance problems in the run up to treatment and discuss an adjustment of working patterns, duties or taking occasional half days or full days leave in order to ease the situation where possible. For instance, lighter duties may keep the person at work where they cannot perform all of their normal duties as opposed to taking sick leave until the operation, which may exacerbate their condition (see also section under Equality Act and discrimination). Time off for treatment for conditions not defined as incapacity including planned surgery Certain operable conditions such as infertility are not, in themselves, defined as incapacity, and therefore staff would not be automatically entitled to sick pay as defined by Section 14 of the NHS Terms and Conditions Handbook. However, if staff are, as a consequence of the operation or treatment, incapacitated for work, Section 14 should apply regardless of the original condition (with the exception of exemptions listed above). Similarly, staff would also be entitled to sick pay, if they are incapacitated by some of the causes of infertility, such as ovarian cysts. Managers should look to support employees during the course of their treatment through regular discussions around, for example, alternative duties to prevent unnecessary stress during the course of treatments. The following guidance offers a suggested process for doing this: Meet with staff member and manager (plus union representative and HR. if required) to explore exactly what the staff member is asking for. Managers should give appropriate consideration to all requests. In making their decision, managers must act in accordance with the trust s Equal Opportunities policy and ensure each request is treated in a fair and equitable manner and that due consideration is given to the individual circumstances of each application. If the request is expected to be over the long term, the manager should consider provisions such as the positive use of the Flexible Working Policy or appropriate use of accrued lieu time, use of annual leave, Managing Attendance Guidance Pack 8

9 or unpaid leave. Permission must be sought from the manager for requests to reasonable paid time off where deemed appropriate. Final agreements should be signed by both the employee and manager and put in the personal file. The situation should be reviewed regularly with the employee and support offered. A log of cases should be maintained by HR. Staff who need time off for surgery and recovery should be given reasonable time and be held at the first formal stage of the managing attendance policy. For example planned surgical interventions may have a 6 8 week recovery period during that time the member of staff would remain on Stage 1 of the policy and have return to work meetings and risk assessments as necessary upon their return. It is not envisaged that the member of staff would move to Stage 2 of the policy at this point. However the member of staff may still be unable to return to work after 12 weeks for example, the manager should refer the member of staff to occupational health for advice and support and at this point consider moving to stage 2 of the policy. Medical suspension In exceptional circumstances, a manager may be concerned that an employee is unfit on health grounds to undertake the duties of their post. This will normally be on the advice of occupational health. In these cases, the employee will be suspended on full pay pending action being taken at the earliest opportunity to confirm the sickness absence position by providing a medical certificate or by the individual returning to work. Following adequate risk assessments and reasonable adjustments being made to the work environment. NHS Benefits scheme Changes to the NHS Injury Benefit Scheme 31 March 2013 What is changing? Temporary Injury Allowance o Temporary Injury allowance payable under the NHS Injury Benefits Scheme will no longer be available to people who sustain an injury or contract a disease due to NHS employment on or after 31 st March o From 31 March 2013 Temporary Injury Allowance will be replaced by a new allowance known as Injury Allowance and will form part of NHS Staff Terms and Conditions of Service Section 22 Injury Allowance o The new Injury Allowance Covers employees who sustain an injury or contract a disease or other health condition due to NHS employment on or after 31 March o Employers are responsible for the administration of the Injury Allowance o Any Dispute about entitlement to the Injury Allowance falls to be considered under the employer s local grievance procedures. More information about Injury Allowance and supporting guidance can be found on the NHS Employers website at Permanent Injury Benefit o Permanent Injury Benefit under the NHS Injury Benefit Scheme will no longer be available to people who sustain an injury or contract a disease due to NHS Employment on or after 31 March What about injuries or diseases arising on or before 31 March 2013? Employees who sustain an injury or contract a disease due to NHS employment on or before 30 March 2013 will still be able to access the NHS Injury Benefit Scheme until 30 March 2038 under new transitional Managing Attendance Guidance Pack 9

10 arrangements. Under these transitional arrangements NHS Injury Benefits will continue to provide Temporary Injury Allowance Permanent Injury Allowance Death Benefits Temporary Injury Allowance The application and decision making processes for Temporary Injury Allowance remain unchanged. Employers continue to be responsible for considering claims to Temporary Injury Allowance and for the calculation and payment of the allowance where appropriate. NHSBSA Pensions will continue to consider disputes about entitlement to TIA under its Internal Dispute Resolution Procedures. Permanent Injury Benefits The application and decision making processes for Permanent Injury Benefits remain the same. Applications for Permanent Injury Benefit should continue to be made on Form AW13 and sent to NHSBSA Pensions for action. Form AW13 is available for download from the NHSBSA Pensions website at NHS Injury Benefit Scheme Death/dependants benefits Death benefits remain available for people who die as a result of sustaining an injury or contracting a disease before 31 March 2013 Do the changes affect people already in receipt of NHS Injury Benefits on or before 30 March 2013? No - People who are in receipt of Temporary Injury Allowance or Permanent Injury Benefits on or before 30 March 2013 will not be affected by the changes from 31 March The existing scheme provisions for DWP and age benefit and deterioration reviews under regulation 13 and damages recovery under regulation 17 of the NHS Injury Benefit Regulations 1995 remain in force. Full details are available from Do the changes affect people who have applied for NHS Injury Benefits on or before 30 March 2013? No - People who have applied for Temporary Injury Allowance or Permanent Injury Benefits in respect of an injury sustained or a disease contracted on or before 30 March 2013 but where the outcome has not been determined at that date will not be affected by the changes from 31 March What about people who have had an application for NHS Injury Benefits rejected on or before 30 March 2013? People whose application for Temporary Injury Allowance or Permanent Injury Benefits has been rejected on before 30 March 2013 in respect of an injury sustained or disease contracted on or before that date will not be affected by the changes from The two stage Internal Dispute Resolution procedures operated by NHSBSA Pensions remains available to applicants who wish to challenge (appeal) the outcome of their claim for Temporary Injury Allowance or Permanent Injury Benefit Further information Further information about the NHS Injury Benefits Scheme can be found on the Injury Benefits website Roles and responsibilities Trust Board The Board has responsibility to oversee this policy and ensure that appropriate processes and actions are in place. Managing Attendance Guidance Pack 10

11 Clinical/Divisional/Service Directors The Clinical/Divisional/Service Directors have a responsibility for the implementation of the policy within the directorates. To effectively use available data in order to monitor and review absence levels and provide monthly reports to relevant forums. To develop robust solutions in maintaining minimum levels of absence. To ensure that all staff within the Directorate are aware of the policy and that it is deployed effectively. Human Resources, Organisational Development and Equality (HRODE) Sub-Committee The HRODE Sub-Committee are responsible for ensuring that this policy is effectively and appropriately implemented. They are also responsible for ensuring that the processes within the policy are monitored and non-compliance is acted upon. Human Resources Directorate The Human Resources department are responsible for ensuring that Managers, staff and staff representatives have the support and advice required on all matters relating to managing the attendance of staff. The Human Resources team must be consulted before any steps are taken to terminate employment. Key responsibilities for the HR. Advisory team are to: Provide statistical data and reports on staff attendance and report these to the Directorates on a monthly basis, to aid financial monitoring and control (e.g. cost of absence) Provide expert support and advice to managers in managing attendance cases and to provide training and coaching for managers in the use of this and associated policies To support managers to improve attendance by ensuring that the policy is adhered to for the overall benefit of the Trust Provide pro-active support to managers ensuring process and policy are implemented and adhered to Line Managers The ultimate responsibility for managing attendance rests with managers, but there is access to support from Occupational Health and Well-Being, Human Resources and Staff Side Representatives. The key responsibilities for managers are to: Respond, supportively and discreetly to employees who cannot work owing to sickness. Respond consistently to each case, but also taking personal circumstances into consideration Draw to the attention of each employee the managing attendance policy Have attended managing attendance training Ensure procedure for managing attendance is followed Refer staff to the Team Prevent (OHWBS) within the agreed timeframes if not earlier Ensure that each employee is aware of the arrangements for notifying absences Keep accurate electronic records of time owing days, annual leave and special leave Records sickness absence, including the reason on the system Hold a return to work discussion after every period of absence (including single/half days) and maintain in the personal file a written record of the date of discussion with any relevant points Monitor the attendance of all employees and investigate the reasons behind employee and overall levels and patterns of sickness absence of their department. Ensure that an employee does not work overtime or bank shifts during a programme of phased return to employment or one month following return to normal hours. Ensure that an employee does not normally work overtime or bank shifts immediately after returning from long-term sick leave for a minimum of one month. Ensure that an employee does not normally work overtime or bank shifts where a change to working patterns for health or welfare reasons has been implemented, for example during pregnancy. Be familiar with their responsibilities under the Equality Act (2010). Carry out risk assessments into managing attendance where appropriate Identify any other work the employee could be undertaking as opposed to be absent. Reporting and monitoring Managers should keep accurate and up-to-date records of sickness absence for all the staff they are responsible for. It is important that there are clear reporting lines, involving staff, first line managers, HR., payroll and occupational health. Managing Attendance Guidance Pack 11

12 All Staff All staff employed by the Trust has an obligation to abide by this policy. Every member of staff has a responsibility to attend for work unless they have a genuine reason for not doing so. Failure to comply with the policy may result in further action being taken. Key responsibilities for Employees are to: Follow correct notification procedures for reporting absence Keep their manager up-dated at regular intervals about the likely length of their absence. Advise of the return to work date at the earliest opportunity Attend any appointments made with the manager or the Occupational Health and Well-Being Service (Team Prevent (OHWBS)), or rearrange in a timely manner (considered to be no more than five working days) and notify their manager if there is a reason why attendance is not possible. Participate in return to work discussions and other management meetings in relation to managing attendance. Co-operate with the line manager and/or Occupational Health and Well-Being in undertaking any agreed programme to improve their health and well-being or to facilitate an early return to work. Comply with Health and Safety legislation including job specific training Make their manager aware of any issue that may impact on their ability to do their job (and may or may not result in sickness absence) e.g. pregnancy Not use sickness absence to cover other absence, which is available through the special leave policy. This may result in disciplinary action Not undertake other activities, which might be detrimental to their recovery whilst on sick leave. Not attend any work related activities e.g. college, courses, etc. without permission and agreement of the manager and Team Prevent (OHWBS) whilst off sick Not undertake any employment elsewhere whilst on sick leave from the Trust unless by explicit prior agreement from the Trust. Any breaches of this would be dealt with under the disciplinary policy. Inform their manager of their absence in accordance with the agreed local rules on notification. Cooperate with the Trust with regard to the possible implementation of any adjustments to job duties, hours or working conditions, resulting from recommendations by their GP, notwithstanding the fact that the advice on a fit note is not binding on the employer. Are responsible for their own Health and Well Being and for being fit to present for work. Team Prevent (Occupational Health Provider) The key responsibilities for Team Prevent are to: Establish any medical reason for absence including identifying if short term absences are triggered by existing health conditions Indicate the likely length of continued absence or the possibility of further absence Assess the effect of an illness / health condition on the Employee s ability to do their job, and offer advice on adjustments including phased returns which are justifiable and appropriate to aid an early and safe return to work. Liaise fully with the Employee s Manager to ensure there is a full awareness and understanding of the role. Staff Side Representation The Trust supports the right of individuals to belong to a Trade Union/Professional Organisation and Staff Side recommend to all members of staff to give this serious consideration for their own protection. You never know when you may require advice, guidance or even representation during your working life and Trade Union/Professional Organisations are there to help their members. Staff Side Representatives have an important role to play in providing advice and support to Employees throughout the whole process and to generally work in partnership with managers to minimise sickness absence in the Trust. An employee has the right to be represented, if they wish, at any stage of the proceedings by either recognised Trade Union representative or a work colleague. A representative may present the case at any disciplinary hearing or appeal hearing on behalf of the employee; however they must not answer questions on behalf of the employee. Managing Attendance Guidance Pack 12

13 Staff Side Representatives very often have full time roles which require advance notice of meetings, hearings, or other trust business involving a member of a union who requires representation, whilst the individual employee should make every effort to liaise with their union representative line managers and HR. representatives should also work in partnership to deliver effective attendance management, this may include variance of meeting locations, times dates etc. Other employment and activities Examples of other employment/activities that are referred to in the policy relate to: Bank Work Multiple posts (internal or external) Public Duty Posts Voluntary Work Training/Attendance at courses What is a disability? A disability is defined in the Equality Act 2010 as a physical or mental impairment which has a substantial and long-term adverse effect on someone s ability to carry out normal day to day activities. long-term means likely to last for 12 months or more. day-to-day activities are defined as involving any of the following: Mobility Doing something with your hands Physical coordination (controlling your bladder and bowels) Ability to lift, carry or move everyday objects Speech, hearing or eyesight Memory or ability to concentrate, learn or understand or Perception or the risk of physical danger The Trust is committed to supporting all staff with a disability, impairment or long-term condition. If managers are uncertain whether a staff member would meet the threshold of a disability, advice should be sought from Team Prevent and or the Dignity and Respect Officer. Progressive conditions such as HIV/AIDS, Cancer and Multiple Sclerosis (MS) are covered by the Equality Act 2010 from the point of diagnosis, regardless of symptoms. Two of the most common disabilities impacting on the modern workplace are mental health issues and chronic pain resulting from musculoskeletal conditions. Managers of staff who are off sick with either of these should make an immediate referral to Team Prevent. Mental health needs. Long-term mental health conditions such as chronic depression and bipolar disorder, meeting the threshold of disability. The trust is mindful of the fact that there remains a stigma on our society around mental health conditions and works to prevent and reduce stigma, it will take all reasonable steps to ensure a supporting working environment and that information about staff s ill health will be treated in confidence. Employers are required to make reasonable adjustments. These can be the physical features of premises and or arrangements for employing disabled people. Factors to be weigh up in determining reasonableness are: The disabled persons views on what is needed How effective the adjustment would be in overcoming the disadvantage How practicable it is to make the adjustment The extent of any disruption to activities Effects on other staff Sustainability The financial and other costs incurred by the employer Managing Attendance Guidance Pack 13

14 It is not necessary for managers to be experts in disability issues. However Dignity and Respect (Equality and Diversity) advisors consider that there are four attitudinal elements that effective managers of disabled staff demonstrate An open-minded problem solving approach to making adjustments A positive and accepting attitude Open communication between the manager and disabled staff member Willingness to seek advice from others. Team prevent Occupational Health- Managing Sickness Absence Has a dual responsibility to the employer and the employee and must remain impartial Assess the medical reasons for absence whilst protecting the confidentiality of sensitive information. Provide impartial objective advice to both the employer and employee Offer advice on adjustments including phased returns which are justifiable and appropriate. However, it is a management decision whether these are reasonable and can be accommodated. Identify whether frequent short term absence is cause or aggravated by a genuine underlying health problem. Making a referral to Occupational Health Ensure that the management form is fully completed with correct details, employees home address, addresses, phone numbers etc. Ensure that your employee knows exactly what you are referring them for in order that the consultation is productive. Recognise that we have a limited amount of time to spend with each employee and write the report (45/60 minutes). We are keen to balance what the employee tells us with the manager s perspective. Please provide as much background to the absence and the case as possible. If you do not want to write information on the report, please call the OH nurse in advance of the consultation to provide more background. Please recognise that if you do not write information on the referral form we are unable to use it. We can only seek to draw information from the individual based on our knowledge of the facts Please recognise that we will endeavour to give you as much information as possible. If you want specific questions answered please ask them. Early Intervention Referrals The aim of early Intervention is to provide timely support to staff off sick and early referral to relevant professional bodies in order to facilitate a return to work. The sooner action is taken, the better the chances of a recovery and speedy return. Employees can normally safely return before they are 100% fit with or without temporary adjustments which will be advised by Occupational Health. It also supports the staff that remain in work when colleagues are ill. Expediting an earlier return produces a positive impact on all. Guidance for appropriate early intervention referral Staff reporting sick with a musculoskeletal condition refer within 48 hours of notification Staff reporting sick with stress, anxiety or depression refer within 48 hours of notification. Staff undergoing elective surgery refer on first day of absence as advice on return to work can be given using the Royal College of Surgeons of England guidelines Get well soon. A Manager/Supervisor needs to contact Team Prevent to request access to the portal; the admin team will take their details over the phone and provide access permissions to the portal. When this has been Managing Attendance Guidance Pack 14

15 completed an will be sent to the person with all of the details of how to register (I will forward a copy of this separately). The Manager/Supervisor will create their account following the instructions in the sent to them. Any problems with logging in or creating their account should be referred to the Team Prevent admin team on Description Corporate Services Division Specialist Healthcare Division Mental Health Division Executives & Executive Support Temporary Staffing Portal Reference C616B153 S124E20A M53401D2 E223EF43 T51648F0 ** Please note that you will need your computer to be running Internet Explorer 8 or above to be able to see the report. If you have any difficulty seeing the report despite seeing an attachment notification on the portal home page please contact the HIS department who will be able to upgrade your machine which should solve the problem. Any problems with logging in or creating their account should be referred to the Team Prevent admin team on Managing Attendance Guidance Pack 15

16 Team Prevent Portal Information / Flow Chart Managing Attendance Guidance Pack 16

17 Equality Act 2010 The Act defines a disabled person as someone with "a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities." This means for an individual to be covered by the Act's definition of Disability: they must have an impairment, that is either mental or physical, which includes sensory impairment (such as hearing or vision) the impairment must have adverse effects which are substantial; e.g. non trivial or goes beyond normal differences between people the substantial effects must be long term; either the effect must have lasted 12 months or is likely to have an effect for at least 12 months the long term substantial effects must have an adverse effect on normal day-to-day activities It is important to note the following: someone with a Mental Health condition additionally requires that the illness is 'clinically well recognised' to be covered by the DDA's definition of disability a person who has recovered from a disability, which was covered by the definition in the Act, is still covered by the legislation and is protected from discrimination it does not automatically follow that if an individual is receiving disability benefits that they meet the criteria of disability under the Act the legislation recognises the compound effect of multiple disabilities which individually would not constitute a disability as defined by the DDA If someone has a progressive impairment such as multiple sclerosis it is not necessary to show that the condition is having a substantial effect currently to be covered by the DDA. But it is necessary that the condition does have some effect on the individual's ability to perform day to day activities and the condition is likely to have a substantial adverse effect in the future Under the Act the employer has a duty to make 'reasonable adjustments' if disabled applicant or employee is at a substantial disadvantage in relation to others. The duty applies both to physical features of the employers' premises, e.g. buildings, fittings and equipment and to all aspects of employment including; recruitment and selection, training, transfer, career development and retention. Disability Employment Officers If a member of staff needs additional employment support because of a disability, the local Jobcentre Plus office can help by putting the person in touch with one of their Disability Employment Advisers. A Disability Employment Adviser (DEA) can: provide people with support if they are having difficulty finding a job because of their disability offer help and support to meet individual needs tell people about suitable jobs give advice about support available for disabled people provide specific advice if to people who have become disabled recently, or whose disability or health condition has deteriorated Use the professional expertise of occupational psychologists specialising in working with disabled people. The DEA can discuss with people their current employment situation and can work with them to plan the best way into work. If staff are concerned about losing their job because of their disability, the DEA can provide advice to the member of staff and the employer and explore practical ways to help them keep their job. The DEA can help draw up an action plan to help person move into employment or keep their existing job. What a Disability Employment Adviser can offer: an employment assessment to identify what work or training suits the person best a referral, where appropriate, to Work Preparation, an individually tailored programme designed to help some Managing Attendance Guidance Pack 17

18 disabled people a referral to a work programme for disabled people, including the Job Introduction Scheme, WORK STEP and Access to Work a referral, if needed, to an occupational psychologist for an enhanced employment assessment to identify the best work or training for the person a job matching and referral service - the DEA can let the person know about jobs that match his/her experience and skills information on employers in the area who have adopted the 'disability symbol' Employment assessments An employment assessment can help identify the person s abilities and strengths. At the end of an assessment an action plan of steps can be drawn up identifying the steps needed to achieve the person s job goal. To arrange an assessment, contact the Jobcentre Plus office or jobcentre. They will be able to give the person details of a Disability Employment Advisor (DEA) nearest to the place of employment of the person s home. An interview with the DEA in the local Jobcentre Plus office or jobcentre will be arranged where: the person can discuss their abilities discuss any previous work experience they may have agree what might be the most suitable job The DEA may refer the person to an occupational psychologist for a further assessment of employment needs. Specialist support if needed The DEA and occupational psychologist can provide specialist support to help a person get, or keep, employment. As part of the assessment, the person may also be asked to carry out some practical tasks or written work. These tasks will be similar to ones done in different types of work. The assessment will take half a day or longer, depending on individual needs. The DEA will discuss the length of the assessment with the person involved. After the assessment The DEA will discuss the assessment with the person and agree on an action plan to help the achievement of job goals. Part of the action plan may include training or the Work Preparation programme. An employment assessment does not affect the person s benefits and they will be able to claim travel expenses. For further information look at the website: Access to Work Access to Work can provide advice and practical support needed to make the most of a person s opportunities. The scheme could help if the person has a disability and is about to start work, including selfemployment, or if they are already in a job. Access to Work provides flexible packages of help and support that can be tailored to meet individual needs - from adapting work premises to having a support worker. Access to Work can help both the employee and the employer. If the person has a disability, there may be practical obstacles at work which are getting in the way of the person making the most of their opportunities. Access to Work is designed to help the employee and the employer find practical solutions to remove any obstacles. Contacting Access to Work If an employee feels that the type of work they do is affected by a disability or health condition that is likely to last for 12 months or longer, they can contact the West Midlands Regional Access to Work office on Access to Work can provide help needed at work, whether the person is working full-time or Managing Attendance Guidance Pack 18

19 part-time or in permanent or temporary employment. It can also provide help to people who are about to start work or becoming self-employed. Both unemployed and employed disabled people needing the help of a communicator at a job interview can get help through Access to Work too. Types of help from Access to Work There are a variety of ways in which Access to Work can help. For example, it can help pay for: a communicator, if the person is deaf or have a hearing impairment and needs support at an interview a reader at work, if the person blind or have a visual impairment special equipment (or alterations to existing equipment) to suit the particular work needs of the person arising from their disability A support worker, if the person requires practical help because of their disability either at work or getting to work. The type of support on offer might include someone to read to the person if they are visually impaired, someone to help the person communicate if the person has a hearing impairment, or a specialist coach for a person with learning difficulties help with the additional costs of travel to work for people who are unable to use public transport Access to Work: getting help An Access to Work adviser will usually speak to the person and their employer to reach a decision about the most effective support for the person affected. In most cases, this can be done over the telephone, but a visit can be arranged if necessary. Sometimes specialist or technical advice may be needed, which the Access to Work adviser will help to arrange. For example, the adviser may arrange for a specialist organisation, such as the Royal National Institute of the Blind, to complete an assessment and recommend appropriate support. In such cases, a written and confidential report will be sent to the Access to Work adviser, who will use this information to help them decide on the right level of support. Access to Work: The employer Once the adviser has decided on the package of support they feel is appropriate, they will seek formal approval of their recommendations from Jobcentre Plus. The employee and the employer will then receive a letter informing them of the approved level of support and the grant available. It s usually the employer (or the individual if they are self-employed) who is responsible for arranging the agreed support and purchasing the necessary equipment. The employer can then claim back a grant towards these approved costs from Access to Work. Access to Work: Grant The amount of help which may be received from Access to Work will vary depending on how long the person has been in employment, what support is needed, and whether they are self-employed. Access to Work can pay up to 100 per cent of the approved costs if the person is: unemployed and starting a new job self-employed Working for an employer and have been in the job for less than six weeks. In addition, whatever the person s employment status, Access to Work will pay up to 100 per cent of the approved costs of help with: support workers fares to work communicator support at interview The level of support costs available from Access to Work If the person is working for an employer and has been in the job for six weeks or more and need special equipment or adaptations to premises, Access to Work pays a proportion of the costs of support. In these circumstances, the employer is expected to share the cost of Access to Work by paying the first 300, plus a further minimum 20 per cent of the costs up to a ceiling of 10,000. Jobcentre Plus would pay the remaining amount up to a maximum of 80 per cent and up to 100 per cent of agreed costs over 10,000. The precise level of cost sharing is agreed with the employer by the Access to Work adviser. All help provided is for a maximum period of three years, after which the Access to Work Business Centre will review the person s circumstances and the support they are receiving. Managing Attendance Guidance Pack 19

20 For further information see the website address: Advice as to whether a person s condition is such that it could be regarded as a disability under the Equality Act should be sought from the Access to Work Service. Reasonable Adjustments for staff (Equality Act 2010) What are reasonable adjustments? One test of reasonableness is that if the cost of making adjustments is anything up to the cost of recruiting and training a new employee then this is reasonable. The following gives some examples (there may be more) and it may be that one or more steps are necessary. Allocating some of the disabled person s duties to another person o If there is a part of the job that is difficult or impossible to do, then it may be that getting someone else to do this, or restructuring the team so that the task is covered by other means, would be reasonable. Transferring the person to an existing vacancy o If, after considering reasonable adjustments, the employees are still not be able to carry out the main aspects of a particular role, an alternative could be to look at moving jobs within the organisation. This is more likely to be reasonable within a large organisation with different types of roles. A recent legal case (Archibald) established that it may sometimes be reasonable to consider moving someone to a more senior position. Altering the person s hours of working or training o Changing or reducing hours could mean that the individual is able to continue with their job. Reduced hours might mean less pay but this could be replaced by tax credits, for example. Work or training at a different location o If the location for regular work or for training is difficult, it may be possible to move to another department or premises. Sometimes working from home is a solution. Allowing the person to be absent during working or training hours for rehabilitation, assessment or treatment. o If your employees need time off during work hours to attend appointments for their health condition or disability, it is reasonable to expect this from the employer so long as it is not possible to rearrange appointments out of work hours. Giving, or arranging for, training or mentoring (whether for the disabled person or any other person) o If employees need to attend training events, the employer might need to adapt the sessions so staff are able to fully access the training. This might mean having additional support or setting up a new way of acquiring the information, such as mentoring or online learning. Example Samantha, a 26 year-old woman with moderate hearing loss and moderate learning disability had worked for a cafe for seven years. The local council decided to insist that all staff have the Basic Hygiene certificate. Samantha, her parents and the employer were very concerned that if she was unable to pass, then her job would be in jeopardy. The company bought in one-day training for all staff, with a written exam at the end. Samantha used the Workstep programme and, before the training, the employer and the Workstep provider identified a Basic Food Hygiene course at the local college for people with learning disabilities. Managing Attendance Guidance Pack 20